i-law

Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEWS

VOYAGE CHARTERS (3rd Edition). Julian Cooke, Timothy Young, Andrew Taylor, John D Kimball, David Martowski and Leroy Lambert. Informa (London), (2007) cxxi and 1092 pp, plus 110 pp Appendices and 52 pp Index. Hardback £325.
This book is now a major, perhaps the major, resource for anyone needing to argue a dispute arising out of the English law of carriage of goods by sea under voyage charter or bill of lading. (Time charters are considered in a separate book, Wilford, Coghlin and Kimball on Time Charters , which antedated this one by several years and is now in its 5th edition.) This book is extremely substantial: the first edition ran to 805 pages, the second to 1025 and this one to 1092, though its physical bulk is, presumably by reason of the use of different paper, nearer to that of the first edition. Its size is due to the fact that not only does it take in voyage charters—principally by commenting on the Gencon form of 1976, with additional commentary on the 1994 form and, with more substance (181 pages), the Asbatankvoy charter—but also by extensive discussion of bills of lading and a final and authoritative commentary on the Hague Rules.
The way in which some of these further matters are introduced is slightly intriguing. The topic of bills of lading first appears under the guise of a comment on cl 9 of Gencon 1976: “The Captain to sign bills of lading at such rate of freight as presented without prejudice to this charterparty.” This prompts discussion of the well-known three features of bills of lading, and moves on to detailed consideration of the transfer of the contract under the Carriage of Goods by Sea Act 1992, which itself brings in material concerning ship’s delivery orders and non-negotiable sea waybills, arising from their definition in the Act. (But, unless the index deceives, mate’s receipts come in only, incidentally and undefined, under the words “in accordance with mate’s receipts”.) The commentary on the Hague Rules is prefaced by consideration of the incorporation of the Rules into charterparties, but is certainly not confined to such discussion and moves fairly rapidly to the question of when the Rules apply compulsorily to bills of lading, and takes it on from there. Now, of course, Lloyd’s Shipping Law Library has been strongly reinforced by a book specifically addressed to bills of lading, that by Aikens, Lord and Bools (2006); but the extensive treatment in the present book means that anyone with a problem may wish to look in it also, and skilful use of the index and table of cases will certainly yield much outside the topic of voyage charters. Overall, this is not surprising, as much general principle starts under that topic.
The policy for Time Charters was and is specifically not to tangle with intricate problems of law, but rather, to produce a book available for the giving of practical advice by both lawyers and lay persons. This book has always been somewhat different: it goes far deeper into the sort of problems that may require to be argued in court or in an arbitration. What the reader finds is extended and user-friendly discussion of the law operative in this area, with detailed synopses of cases and free citation of views expressed in, and passages from, judgments, of the sort that will be useful before a common law tribunal. Some of the points made seem plainly to be based on questions which have arisen during the writers’ professional practice. On some, not all, of them a view is offered. (I was at first surprised to run across quite elaborately reasoned approval of the view—on damages—accepted by the Court of Appeal, and after the publication of this book indorsed by the House

108

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.